Ex Parte AWATSU et al - Page 4




               Appeal No. 1998-2174                                                                                                 
               Application No. 07/813,733                                                                                           

               100 (Fig. 7) which is used to automatically refill cassette 16 under the control of an                               
               operator.  Sato is relied upon as suggesting the added feature of removing currency                                  
               from a cassette in a cash processing apparatus.  (Instant claim 1 requires that the cash                             
               processing apparatus automatically “places and withdraws an amount of cash” in the                                   
               received cash safe (emphasis added).)  The examiner relies on Utsumi, as set forth on                                
               page 5 of the Answer, for the teaching of analyzing the type of transaction requested by                             
               the user of an ATM, to determine whether supplementation of currency can be                                          
               performed without interrupting the transaction.  The examiner concludes that it would                                
               have been obvious to the artisan to modify the teachings of Kawamura and Sato in view                                
               of the efficiencies taught by Utsumi.                                                                                
                       The examiner thus sets forth a reasonable prima facie case for obviousness of                                
               the subject matter of claim 1, at the least.   The examiner’s findings are supported by,                             
               inter alia, the “cash safe” 16, “cash processing apparatus” 100, and “cash handling                                  
               apparatus” 12 as disclosed by Kawamura in Figures 3 and 7, in view of Kawamura’s                                     
               written description of the devices.  The examiner’s findings are also supported by Sato                              
               and by the Utsumi reference, which teaches maintenance of currency within a cassette                                 
               residing in a cash handling apparatus (ATM) during selected transactions, such as                                    
               those transactions which do not require cash dispensing, as shown in the logic of                                    
               Figure 4.                                                                                                            
                       In the Brief and Reply Brief, appellants note the deficiencies, in turn, of the prior                        
               art applied, but fail to rebut the rejection.  Nonobviousness cannot be established by                               
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